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Picture of MtnPlinker
Posted
My daughter just was handed an envelope containing a debit card, her paystub, and about 10 pages of 4 point type. Her boss said, "Just go online, agree to their terms, create a PIN, and you can get your money!

WTF!!!!!! When my daughter asked, she was told a little notice was posted on the employee bulletin board (the one with all the legal notices that nobody ever reads) saying that paychecks or ACH (direct deposits) would no longer occur and every employee is getting their pay on this cute little debit card!

Now, to get your money off of this debit card, you have to agree to their terms - pretty onerous at best. There's a mine field of fees that you will have to pay if you don't do just the right thing at the right time to get you money into your own checking account. I'm not kidding, here's what you have to do to get your money without a fee:

1) Get a special paper check (you get only 1 free one per month, otherwise they are $1.50, plus an additional $3 fee to call and request the check).

2) Go online, register, agree to terms and conditions (really anti-consumer stuff!), then get a special code number to write on this special check.

3) Fill in the amount on the check (but don't mess that up!). You guessed it...fees if wrong amount.

3) Take the special check to the bank and deposit it. If the amount is wrong: pay a penalty fee. If you don't get to the bank in 3 weeks, another penalty fee (actually two).

4) Since it's a paper check, there's a hold on the deposit for up to 10 days while it clears.

I CANNOT believe that this stunt is legal.

++++++++++++++++++

My second gripe: The employer gave out my daughter's personal information to this "Money Network" company without her consent. SSN, everything.

Now, I'm guessing here, but I bet the employer get's a percentage of all the money they turn over to this Money Network. Imagine that: Decrease your payroll costs by 1 percent - just by putting the money into the "Money Network"!

I can't wait for the junk mail to start rolling in from the "Money Network" selling my daughter's personal information.

Anyone know a good lawyer? (in case this is against the law!).
 
Posts: 570 | Location: Front Range & Central Rockies: CO | Registered: April 03, 2008Reply With QuoteEdit or Delete MessageReport This Post
Hey Man,
Nice Shot
Picture of Herbg22
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Wow. I would be seriously looking for a new job.

What possessed a company to do this? I'm sure there is some benefit for them.


_________________________________________________

A woman can be evil, twice as much as any man
 
Posts: 8896 | Location: Illinois | Registered: June 17, 2005Reply With QuoteEdit or Delete MessageReport This Post
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Picture of MtnPlinker
Posted Hide Post
quote:
Originally posted by Herbg22:
Wow. I would be seriously looking for a new job..
Today's her last day! Big Grin

quote:
What possessed a company to do this? I'm sure there is some benefit for them.
All I can figure is the 1% kickback I'm guessing they get - but it's only a guess.
 
Posts: 570 | Location: Front Range & Central Rockies: CO | Registered: April 03, 2008Reply With QuoteEdit or Delete MessageReport This Post
W07VH5
Picture of mark123
Posted Hide Post
Easy solution to the problem: since it is a work issue do the banking on company time. Wink



PIAR!!!
 
Posts: 23753 | Location: Pennsyltucky | Registered: December 05, 2001Reply With QuoteEdit or Delete MessageReport This Post
100% Pure Evil

Picture of Spectre
Posted Hide Post
quote:
4) Since it's a paper check, there's a hold on the deposit for up to 10 days while it clears.


Under check 21, the check must be clear within 3 days.


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Yes, I am an agent of Satan, but my duties are largely ceremonial.
 
Posts: 10872 | Location: Manassas, Virginia | Registered: October 12, 2002Reply With QuoteEdit or Delete MessageReport This Post
Void Where Prohibited
Picture of WaterburyBob
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The company has to be getting some kind of kick-back or interest, etc. to go with something like that. They probably hope you incur a lot of those fees; they're probably splitting them with Money Network.
That system sucks for the employees.



NRA Benefactor Life Member
 
Posts: 8269 | Location: Connecticut | Registered: February 02, 2005Reply With QuoteEdit or Delete MessageReport This Post
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Picture of KPSquared
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I went to their website. Looks like that's forcing them to use their prepaid credit card...and that's probably the intent. Sorry, I need my money in my bank so I can pay my bills.


Thanks,
KPSquared
 
Posts: 285 | Location: Ft. Knox, KY or Stockbridge, GA | Registered: February 24, 2007Reply With QuoteEdit or Delete MessageReport This Post
I earned my
bombasticity
Picture of Psychobastard
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I cannot believe that it is legal either. She should contact the state labor board. It sounds like a scam. This is in effect "working for the company store". I'm pretty sure that it's illegal to charge any kind of fee in order to get ones hourly earnings.
 
Posts: 12605 | Location: Rancho Costa Nada | Registered: October 12, 2001Reply With QuoteEdit or Delete MessageReport This Post
Fire begets Fire
Picture of SIGnified
Posted Hide Post
No way could that be legal ... holy smokes !!!


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"Pacifism is a shifty doctrine under which a man accepts the benefits of the social group without being willing to pay; and claims a halo for his dishonesty."

-Robert A. Heinlein


 
Posts: 16653 | Location: Row 2F | Registered: February 04, 2003Reply With QuoteEdit or Delete MessageReport This Post
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Lemme guess...

Best Buy? Frown





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Posts: 1401 | Location: Pennsylvania | Registered: November 12, 2007Reply With QuoteEdit or Delete MessageReport This Post
The One, the Only Mighty Paragon
Picture of Paragon
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quote:
Originally posted by Psychobastard:
I cannot believe that it is legal either. She should contact the state labor board. It sounds like a scam. This is in effect "working for the company store". I'm pretty sure that it's illegal to charge any kind of fee in order to get ones hourly earnings.


That's what I was thinking: "Hmmm...I have to pay for my own paper paycheck?" I don't think so.



P232, P239 in 9mm, P220ST in Black, Rem 870 Wingmaster, Rem 1100 in 12 ga., Romanian AK in .223, Winchester 94 in 30-30

 
Posts: 5366 | Location: Winter Garden, FL | Registered: April 30, 2005Reply With QuoteEdit or Delete MessageReport This Post
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Picture of Voshterkoff
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I would demand them to cut me a check for all work up to that day and then quit. That kind of bullshit is unbelievable.
 
Posts: 2569 | Location: Woodinville, WA | Registered: March 30, 2004Reply With QuoteEdit or Delete MessageReport This Post
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Picture of scobun
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Please keep us posted. I'll be absolutely floored if this isn't 100% illegal.


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Libertas vel Mortis!

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Posts: 1924 | Location: Contra Costa, CA | Registered: February 16, 2004Reply With QuoteEdit or Delete MessageReport This Post
Sound and Fury
Picture of Dallas239
Posted Hide Post
quote:
Originally posted by MtnPlinker:
quote:
Originally posted by Herbg22:
Wow. I would be seriously looking for a new job..
Today's her last day! Big Grin

quote:
What possessed a company to do this? I'm sure there is some benefit for them.
All I can figure is the 1% kickback I'm guessing they get - but it's only a guess.
Highly unlikely. Your daughter's employer is almost certainly paying for this service. Outsourcing payroll is very common, and ADP and First Data are legit and have been around for a long time. This seems like a service that would be very valuable to an employer that was cutting a lot of paper checks because of many employees without bank accounts. Does your daughter work for such an employer? In that situation, the direct to debit card pay would be much cheaper for the employer and much more convinient for the employee. But it seems silly that they wouldn't give a direct deposit option.


____________________________________________________________

"I've spoken of the shining city all my political life, but I don't know if I ever quite communicated what I saw when I said it. But in my mind it was a tall proud city built on rocks stronger than oceans, wind-swept, God-blessed, and teeming with people of all kinds living in harmony and peace, a city with free ports that hummed with commerce and creativity, and if there had to be city walls, the walls had doors and the doors were open to anyone with the will and the heart to get here." -- Ronald Reagan, Farewell Adress, Jan. 11, 1989

Si vis pacem para bellum
There are none so blind as those who refuse to see.
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Posts: 9126 | Registered: February 22, 2002Reply With QuoteEdit or Delete MessageReport This Post
Watch this space
Picture of magicmedic
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I would love to know the legalities of this. I am an employer, and I would NEVER screw my employees like this. Hell, it's not my money to decide with.


Death Before Disco
 
Posts: 1935 | Location: Lakeland | Registered: August 10, 2002Reply With QuoteEdit or Delete MessageReport This Post
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This seems the applicable statute:

quote:
Colorado Revised Statutes 8-4-102
(1) Negotiable instrument required. No employer or agent or officer thereof shall issue, in payment of or as an evidence of indebtedness for wages due an employee, any order, check, draft, note, memorandum, or other acknowledgment of indebtedness unless the same is negotiable and payable upon demand without discount in cash at a bank organized and existing under the general banking laws of the state of Colorado or the United States or at some established place of business in the state. The name and address of the drawee shall appear upon the face of the order, check, draft, note, memorandum, or other acknowledgment of indebtedness; except that such provisions shall not apply to a public utility engaged in interstate commerce and otherwise subject to the power of the public utilities commission. At the time of the issuance of same, the maker or drawer shall have sufficient funds in or credit with the bank or other drawee for the payment of same. Where such order, check, draft, note, memorandum, or other acknowledgment of indebtedness is protested or dishonored on the ground of insufficiency of funds or credit, the notice of memorandum of protest or dishonor thereof shall be admissible as proof of presentation, nonpayment, and protest.

(2) Direct deposit. Nothing in this article shall prohibit an employer from depositing wages due or to become due or an advance on wages to be earned in an account in any bank, savings and loan association, credit union, or other financial institution authorized by the United States or one of the several states to receive deposits in the United States if the employee has voluntarily authorized such deposit in the financial institution of the employee's choice.

(3) Scrip prohibited. No employer or agent or officer thereof shall issue in payment of wages due, or wages to become due an employee, or as an advance on wages to be earned by an employee any scrip, coupons, cards, or other things redeemable in merchandise unless such scrip, coupons, cards, or other things may be redeemed in cash when due, but nothing contained in this section shall be construed to prohibit an employer from guaranteeing the payment of bills incurred by an employee for the necessities of life or for the tools and implements used by such employee in the performance of his or her duties.


Now, IANAL, but paragraph 1 seems to require the availability of something you can payable on demand for cash "without discount" at a bank. If this card is accepted at ATMs it very well may be legal. But it may not, in which case it would seem they'd have to make an ordinary paycheck or similar available.


----------
The real hero is always a hero by mistake; he dreams of being an honest coward like everybody else. -- Umberto Eco
 
Posts: 7459 | Location: Kentucky | Registered: July 16, 2003Reply With QuoteEdit or Delete MessageReport This Post
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No way can this be legal!!! Tell the employer to go fuck him/herself!!



Some people are alive only because it is illegal to shoot them.
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Posts: 191 | Location: Herding aircraft in Central Asia. | Registered: February 20, 2008Reply With QuoteEdit or Delete MessageReport This Post
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I worked for a company that did that and I would just use the ATM to get cash and take the cash to my bank. It was a PITA and one of the reasons I left the company.

Oh, and this was in Colorado.


"220ST (The Man) ROCKS"
Non Silba sed anthar
Rev 14:11 And the smoke of their torment ascendeth up for ever and ever: and they have no rest day nor night, who worship the beast and his image, and whosoever receiveth the mark of his name.
 
Posts: 996 | Location: Surprise AZ | Registered: July 21, 2006Reply With QuoteEdit or Delete MessageReport This Post
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i believe ADP does this to their employees too.
 
Posts: 488 | Registered: February 19, 2008Reply With QuoteEdit or Delete MessageReport This Post
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Picture of MtnPlinker
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Ok, an update....

I re-read the T's & C's that were included with the card. They refer to two different fee schedules. The one that applies now was not included with the start-up package (contrary to what was stated in the T's & C's). So I call their customer service number.... Eek

They lady began to describe various fees, ($1.50 here, $0.50 there, etc). I stopped her, and said I just wanted my daughter to get her money without paying any fees and without agreeing to the T's and C's for which she never signed up for in the first place. Her response: "That is not possible." End of discussion. Could not get anywhere further.

I could have pressed it to go to a supervisor, but I'm not sure I would have talked to anyone with decent authority on a Saturday afternoon.

I'll re-try on Monday. If I get the same results, I'll cut a demand letter incorporating CRS 8-4-102 (thank's Zcar!). Let's see if they are willing to spend $20k defending their right to get fees on a $150 asset.

Although I don't have their fee schedule, what I've been told by the customer service phone call is that an ATM is $1.50 to use...and I have to agree to the T's & C's to use it.

Oh, and by talking with my daughter, I did find out that direct deposit was available when she was hired (and still is), but my daughter chose a check so she could split her pay checks and deposit only half in her checking account. Eight months later, the employer arbitrarily decided to enroll all non-direct deposit employees in the "Money Network".

It looks like CA has been trhough this and found it to be legal so long as there's a 'free' ATM use each pay period. I don't know if that's true in this case, as I don't have the final fee schedule Mad

My goal on Monday is simple: Get the $$ without agreeing to the T's & C's or paying fees, or sacrificing my daughter's financial privacy. I'll post an update on Monday.

Thank you all for your advice, insights & support. This could get fun! Roll Eyes
 
Posts: 570 | Location: Front Range & Central Rockies: CO | Registered: April 03, 2008Reply With QuoteEdit or Delete MessageReport This Post
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